EU flight delay rights: do they cover US travellers?

It depends on the direction and the airline. EU air passenger rights cover a flight that departs from the EU to a non-EU country, whether the airline is an EU or non-EU one, so your flight home from Paris or Rome is covered even on a US carrier. A flight that arrives in the EU from outside it is covered only if an EU airline operates it. A US airline flying you from New York to Madrid is not covered by these rules.

Which flights does the EU regime cover?

Your Europe lists three cases. The rules apply to flights within the EU on any airline, to flights arriving in the EU from outside it if the airline is an EU one, and to flights departing the EU for a non-EU country on any airline. They do not apply if you have already received compensation, re-routing or assistance for the same journey under the law of a non-EU country.

The underlying law, Regulation (EC) No 261/2004, says the same in its Article 3: it applies to passengers departing from an airport in a Member State, and to passengers flying from a third country into a Member State when the operating carrier is a Community (EU) carrier, unless they already received benefits and assistance in the third country.

Your Europe adds that the rules also apply to flights to and from Iceland, Norway and Switzerland. Cover also depends on having a confirmed reservation and checking in on time.

What does the delay threshold look like?

Your Europe says that if you reach your final destination three hours or more late, you are entitled to compensation unless the delay was caused by extraordinary circumstances. The airline has to prove that, for example with extracts from logbooks or incident reports.

The amount depends on distance. On the page’s arrival-delay table, flights of 1,500 km or less are listed at €250, and long non-EU flights of more than 3,500 km at €600 once the delay reaches four hours. For those long flights that depart the EU, or arrive on an EU airline, a delay of at least three hours but under four hours is listed at €300. Check the current table on the page for your own route and distance before you rely on a figure.

What if I miss a connection?

The page says that if you miss a connecting flight and reach your final destination more than three hours late, you may be entitled to compensation, provided the flights were on a single reservation and the delay was not caused by extraordinary circumstances. It also says you are not entitled to compensation if you miss the connection because of delays at security checks, or because you did not respect the boarding time at the transfer airport.

There is a rule that matters for Americans coming the other way. If you depart from a non-EU country for a final destination in the EU on a chain of connecting flights, only the flights operated by EU airlines count towards the right to compensation for a long arrival delay. Border queues are a separate matter: our piece on missed connections and EES queues explains why a slow passport desk is not usually a claim.

What can I ask for while I wait?

Your Europe says passengers have a right to care and assistance depending on the length of the delay and the flight distance, and, if your flight is delayed at least five hours at departure, to a refund of the ticket. If you have to pay for something the airline should have provided, keep the receipts: the page says the airline should reimburse reasonable costs.

How do I claim?

Your Europe’s steps start with the airline. Complain to it first. If you do not hear back within two months, or are not satisfied, the page points you to the national enforcement body in the country where the problem happened. It also mentions the European Small Claims procedure and says time limits for court action follow national rules. The page notes that alternative dispute resolution is open to people resident in the EU, so check whether it is open to you before relying on it.

Does this have anything to do with ETIAS?

Not directly. ETIAS is a travel authorisation, not a passenger-rights scheme, and it is not in operation: applications are not open and the EU has not announced a start date. No action is required yet. Applications are not open. For your entry paperwork, see ETIAS for US citizens and the current ETIAS status.

The bottom line

Check two things before you fly: where the flight departs, and which airline operates it. Flying home from Europe, EU rules follow you on any carrier. Flying out to Europe, they apply on EU airlines only. Keep your boarding pass and delay evidence either way.